By Emanuella Grinberg Court TV
Three Milwaukee police officers accused of participating in the bloody beating of a male stripper in 2004 will face criminal charges this week for the attack, which sparked protests against racial bias and catalyzed hostility toward law enforcement in the community. Defendants Daniel Masarik, Jon Bartlett and Andrew Spengler face felony charges for the attack on Frankie Jude Jr., who was beaten into a concussion during a party attended by several off-duty police officers. The officers say they believed Jude had stolen a police badge and wallet during the party, which took place at Spengler's home. Bartlett, 34, and Spengler, 26, claim they were using reasonable force against someone they suspected of committing a crime; Masarik, 26, claims he was nowhere near the scene of the alleged beating. The officers are white, and Jude, 27, says he is half black and half white. (VIDEO)
Because none of the police officers present at the Oct. 24, 2004, party came forward to assist in the investigation, no charges were filed for nearly four months. The incident landed Jude in the hospital with a concussion, severe abrasions, bone fractures and lacerations all over his body. The protracted length of the investigation prompted protests throughout Milwaukee, where roughly 37 percent of the population is black, and even a shopping boycott to encourage prosecutors to file charges. Only after the Milwaukee Fire and Police Commission convened a private hearing and forced the off-duty police officers present at the party to speak were authorities able to level specific allegations against the three defendants, who face 3 to 13 years in prison for the alleged attack. As a result of the hearing, the three men, all white, were stripped of their badges, and 10 other on- and off-duty police officers at the scene, were disciplined or dismissed, many of them for failing to report the incident. "I believe on the other side of this difficult time is a stronger Milwaukee Police Department," Chief of Police Nannette Hegerty said in May 2005. "I want officers on this department who earn their badges every day. On behalf of the citizens of the city of Milwaukee, I will not tolerate any less."  | | Andrew Spengler |
Jude testified at a March 2005 preliminary hearing that, shortly after he arrived at the party with his sister's boyfriend and two women he met earlier that evening at a stripping gig, the group decided to leave after receiving "bad vibes" that suggested they were not welcome. As they attempted to leave in a truck belonging to one of the women, Jude testified, a group of men and one woman from the party surrounded the truck and accused them of stealing an officer's badge and wallet. Jude claimed he and his friend were snatched from the vehicle. His friend managed to escape, but Jude became involved in a verbal altercation with the group. He denied having stolen the badge or the wallet, but said he was wrestled to the ground, punched and kicked repeatedly, threatened with a knife and had a pen forced into his ears.  | | Daniel Masarik |
An on-duty police officer who responded to a 911 call to Spengler's home testified at the same preliminary hearing that, when he arrived, he specifically saw Masarik, Bartlett and Spengler pinning Jude to the ground in an effort to handcuff him while others stood around watching. Officer Joseph Schabel said that, based on the allegations that Jude had stolen the badge and wallet, he attempted to assist the men in handcuffing him. But even after they succeeded in cuffing him, Schabel accused both Masarik and Bartlett of kicking him in the face, causing "cracking" sounds, and Spengler of punching him. Schabel also testified that he saw Bartlett tear Jude's jacket off with a knife, for which Bartlett is charged with a dangerous weapon enhancement that could net him an extra nine years on charges of substantial battery and reckless endangerment. Finally, Schabel and his partner, who were both suspended for failing to report their colleagues or make a written report of the incident, broke up the scene and brought Jude to the hospital on their own — another charge for which they were cited. The missing badge and wallet were never recovered. Lawyers for the defendants, who are all charged with substantial battery, claim their clients were mistakenly identified as the main perpetrators in an incident that involved several other off-duty officers who were not criminally charged. Masarik denies any contact with the victim and claims he was in the Spengler home making a phone call when the incident occurred. Along with Bartlett, he is also charged with second-degree reckless endangerment.  | | Jon Bartlett |
In spite of his claim, or perhaps because of it, Masarik faces another charge of perjury for denying he had contact with Jude at a February 2005 hearing before a judge. He will be tried separately on that charge, which carries a six-year maximum sentence. Spengler and Bartlett insist they were following proper procedure as they attempted to take into custody a man they believed had stolen an officer's badge. In the same preliminary hearing, lawyers for the defendants emphasized the struggle Jude made while he was being detained. Even Schabel testified that Jude's behavior compelled him to deliver two "focused strikes" to his arm to gain control of him. And while Jude's lengthy rap sheet indicates some violent incidents, including a recent offense of beating his mother, for which he is serving a six-month sentence, Judge David Hansher ruled in a pretrial motion that the jury will not hear of his prior offenses. The trial is expected to begin Wednesday. The trial will be aired on Court TV and streamed live on the Web by Court TV Extra. |